PIL instrument(s)

Case number and/or case name

Rita vs. Jenaro.Roj: SAP B 3294/2014 - ECLI:ES:APB:2014:3294

Details of the court

Spain, Second Instance

Articles referred to by the court

Date of the judgement

29 April 2014

Appeal history

CJEU's case law cited by the court

Summary

Conflict of jurisdiction on the basis of Brussels II a Regulation provisions. Key facts: Divorce case between two Colombian spouses living in Spain. The child of the divorced couple lives in Colombia. Court decision: Spanish courts are competent to decide on the case according to art 3 of Brussels II a Regulation (habitual residence of the spouses in Spain). Nevertheless, Spanish courts are not competent to decide on parental responsibility measures concerning the minor according to art. 8 of that Regulation (habitual residence in Colombia). The court applies general rules on jurisdiction in matters relating to divorce, legal separation or marriage annulment. The court took into account Brussels II a Regulation provisions on jurisdiction that shall lie with the courts of the Member State in whose territory the spouses are habitually resident. The court also applies general rules on jurisdiction in matters of parental responsibility over a child who is habitually resident in a Member State at the time the court is seized. Appeal history (not available in the database): Court decision: Juzgado Violencia sobre la Mujer 1 Barcelona (Spain) (First instance) Date: 05-02-2013